Agenda item

Report of the Director of Policy, Performance and Communications

5.1      The Committee received a report which advised of the intention to review the Council’s model conditions.  The model conditions are proposed for applications under the Licensing Act 2003 by applicants and other parties.  Chris Wroe, Licensing Strategy and Policy Manager, introduced the report.  He stated that it had been almost two years since the model conditions had been published.  They were available on the Council’s website.  There was an ongoing process where he discussed individual conditions with the likes of Mr Panto, Legal Adviser at Licensing Sub-Committee meetings and also Police and licensing and enforcement officers.  He had written to many stakeholders regarding the review of the model conditions and intended to consult external solicitors.  The aim was to publish the updated model conditions in the next couple of months or so. 

5.2      The Chairman recommended that more information was provided on the model conditions to Westminster councillors who are not Members of the Licensing Committee.  Councillor Mitchell made the point that there was the option for officers to provide some licensing training as part of the Member Development Programme to non- Licensing Committee Members in November/December 2017 which would include model conditions.  It would be beneficial for all Members to understand how they could engage with the licensing processes.  Members were often not aware for instance that they should not directly contact the Sub-Committee prior to the hearing or that they could not address the Sub-Committee at the hearing without submitting a timely representation or being requested to speak on behalf of a resident.  Mr Wroe responded that he would be happy to provide some input into the proposed training.

5.3      Councillor Caplan requested that officers review a number of matters regarding the model conditions.  He queried whether there needed to be as many model conditions in existence as was currently the case, including 15 model conditions relating to off-sales and 4 works conditions.  He also asked that officers have a look at whether model conditions could cater for premises which did not constitute a bar but were equally not restaurants.  He recommended that officers review the wording for takeaway food, deliveries and pavement cleansing conditions.  He believed it would be beneficial to have a glossary of the most frequently used model conditions.

5.4      Councillor Floru said that he agreed with Councillor Caplan’s comments, in particular the request that officers look at reducing the number of model conditions.  He asked that officers consider removing the word ‘comprehensive’ from the CCTV Model Condition 01.  He had concerns that this could mean cameras everywhere in and around the premises building and could therefore be excessive.  Councillor Floru expressed the view that Model Condition 24 was useful in terms of a direct telephone number for the manager of the premises being available to residents and businesses.  However, he believed there was added value in adding a sentence to the model condition that the telephone number ‘shall be displayed near the main entrance to be visible from outside in letters not less than two inches tall’.

5.5       Councillor Alexander recommended an amendment to Model Condition 42 so that there was a requirement for the area immediately outside the premises to be cleaned ‘effectively’.  She made the point that she had seen filthy pavements which had been hosed but no detergent had been used.

5.6       Mr Wroe in response to the points that had been made stated that he would re-assess how best to index the model conditions.  One option would be to list them in terms of subject.  He would examine the model conditions to see if there were any that could be removed.  The model conditions were designed to meet the needs of any of the parties to a hearing in as many circumstances as possible.

5.7       RESOLVED: (i) That officers be available to provide some licensing training as part of the Member Development Programme to non- Licensing Committee Members in November/December 2017 which would include model conditions;

            (ii) That the comments of the Committee be taken into account in the review of the model conditions; and,

(iii) That the contents of the report be noted.